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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

DARREL LEE SMITH,

Plaintiff, No. CIV S-04-0703 MCE KJM P

vs.

SERGEANT J. SWANEY, et al.,

Defendants. FINDINGS AND RECOMMENDATIONS

 /

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action

filed under 42 U.S.C. § 1983. On April 5, 2006, the court ordered plaintiff to inform the court,

within twenty days, whether the sentence credit taken away as a result of the prison disciplinary

proceedings at issue in this matter has been restored. Plaintiff was informed that failure to

comply with the April 5, 2006 order would result in a recommendation that this action be

dismissed. Plaintiff has not responded to the court’s April 5, 2006 order.

Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed

without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure.

These findings and recommendations are submitted to the United States District

Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty

days after being served with these findings and recommendations, plaintiff may file written

Case 2:04-cv-00703-MCE -KJM Document 21 Filed 05/18/06 Page 1 of 2
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objections with the court. The document should be captioned “Objections to Magistrate Judge’s

Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

F.2d 1153 (9th Cir. 1991).

DATED: May 17, 2006.

______________________________________

UNITED STATES MAGISTRATE JUDGE

1

smit0703.fnrs

Case 2:04-cv-00703-MCE -KJM Document 21 Filed 05/18/06 Page 2 of 2
Part 1

SUPPLEMENT

DRAFT F

Number:Name:Description:Type:Operand:Fatal Period:Proposed Analytical Period:

Right Side Attribute Combination

SZUSSGL ACCOUNT NUMBER Begin/End Zero

679500 E

U.S. Standard General Ledger

Data Edits - Detail Report

23Ending Proprietary Account Balance01,02,03,04,05,06,07,08,09,10,11,12

Left Side Attribute Combination

Equal (=)The sum of the pre-closing ending balances for the proprietary USSGL accounts must equal zero for each reported TAS.USSGL / Zero

Bulletin No. 2016-XX DRAFT VII EDR - 1 
Part 1

SUPPLEMENT

DRAFT F

Number:Name:Description:Type:Operand:Fatal Period:Proposed Analytical Period:

Right Side Attribute Combination

SZUSSGL ACCOUNT NUMBER Begin/End Zero

439701 E

U.S. Standard General Ledger

Data Edits - Detail Report

24Ending Budgetary Account Balance01,02,03,04,05,06,07,08,09,10,11,12

Left Side Attribute Combination

Equal (=)The sum of the pre-closing ending balance of USSGL 4000-series accounts must equal zero for each reported TAS.USSGL / Zero

Bulletin No. 2016-XX DRAFT VII EDR - 2
1 We have twice mailed the Report and Recommendation to

the address petitioner provided: York County Prison, 3400 Concord

Road, York, Pa 17402. Each time it was returned to us as "not

deliverable as addressed." We have since learned from prison

officials that petitioner left the prison on November 22, 2005,

but in the nearly eight months that have passed since then, he

has not contacted the Court to provide a new mailing address.

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

WILLIAM CHIKONYERA : CIVIL ACTION

:

 v. :

:

CHESTER COUNTY DISTRICT :

ATTORNEY, et al. : No. 05-4543

ORDER

AND NOW, this 10th day of July, 2006, upon careful and

independent consideration of William Chikonyera's pro se petition

for writ of habeas corpus pursuant to 28 U.S.C. § 2254 and the

memorandum accompanying his petition (docket entries # 1 and 3),

the defendants' response thereto, and the Report and

Recommendation of the Honorable David R. Strawbridge (docket

entry # 8), to which the parties have not objected,1 and the

Court finding that Judge Strawbridge correctly concluded that

this petition is untimely, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and

ADOPTED;

2. The petition for writ of habeas corpus is DENIED;

3. We DECLINE to issue a certificate of

appealability; and

Case 2:05-cv-04543-SD Document 9 Filed 07/10/06 Page 1 of 2
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4. The Clerk shall CLOSE this civil action

statistically.

BY THE COURT:

/s/ Stewart Dalzell, J. 

Case 2:05-cv-04543-SD Document 9 Filed 07/10/06 Page 2 of 2
Bureau of the Fiscal Service

1

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Application Tips
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-50553 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus AARON EUGENE AUBREY, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. W-99-CR-99-1

-------------------- March 30, 2001 Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges. PER CURIAM: * Aaron Eugene Aubrey appeals the sentence he received as a result of his guilty-plea conviction for two counts of making false statements, in violation of 18 U.S.C. § 1001; one count of possession of a stolen firearm, in violation of 18 U.S.C. § 922(j); and one count of being an accessory after the fact to a bank robbery, in violation of 18 U.S.C. § 3. Aubrey argues that he should not have received an increase for obstruction of justice based on an alleged attempt to escape from the jail where he was being held prior to sentencing becauseNo. 00-50553 -2- the district court relied on evidence with insufficient indicia of reliability. Aubrey has not met his burden of demonstrating that the evidence relied upon by the district court to determine that he obstructed justice was materially untrue. See United States v. Slaughter , ___ F.3d ___ (5th Cir. Jan. 12, 2001, No. 99-11142) 2000 WL 1946670 at *5. Aubrey also argues that the district court erred in denying him credit for acceptance of responsibility because he admitted the conduct alleged in the indictment and his admission was consistent with the information contained in the factual basis. Aubrey has not demonstrated that this is an extraordinary case in which adjustments for both acceptance of responsibility and obstruction of justice may apply. See U.S.S.G. § 3E1.1, comment. (n.4).
AFFIRMED.
**Exhibit 32.2**

**Park City Group, Inc. & Subsidiaries**

**Certification Pursuant To**

**18 U.S.C. Section 1350, As Adopted Pursuant To**

**Section 906 Of The Sarbanes-Oxley Act Of 2002**

 

In connection with the annual Report of Park City Group, Inc. (the “Company”) on Form 10-KSB/A No. 3 for the year ending June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, William Dunlavy, Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)    The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

|   | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

 

| Dated: | January 11, 2007 |
|--------|------------------|

 

| /s/ William Dunlavy

       |   |
|----------------------------------|--------|
| William Dunlavy

           |   |
| Principal Financial Officer, CFO |   |

 

 

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